1993-2003 Boys & Girls Club of Coachella Valley - La Quinta - Joint UseSHARED USE FACILITIES AGREEMENT
THIS SHARED USE FACILITIES AGREEMENT ("Agreement") is
made and entered into this 15th day of March, 1993 by and
between the CITY OF LA QUINTA ("City") and the BOYS AND GIRLS
CLUB OF COACHELLA VALLEY, a nonprofit corporation ("Boys and
Girls Club").
WHEREAS, each of the parties hereto agree that the
shared use of the proposed facility to be constructed by the
Boys and Girls Club by the City at times not utilized by the
Boys and Girls Club programs will provide a significant public
benefit to the community; and
WHEREAS, the contribution by the City described herein
will assist to ensure that the facility is completed and
available for the shared use.
NOW THEREFORE, in consideration of the mutual promises
and covenants herein contained, the parties hereto agree as
follows:
1. Boys and Girls Club Facility. The Boys and Girls
Club is in the process of constructing a facility according to
the plans approved by City on P.U.P. 91-012 located at the
northwest corner of Avenue 50 and Park Avenue (the "Site").
2. Joint Use of Facilities. The Boys and Girls Club
hereby grants to City the right to use the facilities to be
constructed on the Site (the "Facilities").
3. Schedule of Joint Use. The Executive Director of
the Boys and Girls Club and the City Manager or his designee of
the City shall establish and maintain a quarterly schedule for
joint use of the Facilities. To establish said schedule the
Executive Director of the Boys and Girls Club shall furnish to
the City a schedule of dates and times that the Facilities will
be used by the Boys and Girls Club and which times are
available for use by City. Based on the Boys and Girls Club
schedule, City shall furnish to the Boys and Girls Club a
schedule of dates and times that the Facilities shall be used
by City. The Boys and Girls Club shall have priority in
scheduling use of the Facilities.
4. Construction and Maintenance of Facilities. The
Boys and Girls Club shall construct all Facilities located on
the Site by September 15, 1994. The Boys and Girls Club shall
maintain all Facilities and adjacent grounds on the Site
including mowing and watering the grounds as provided in that
certain ground lease agreement between the Boys and Girls Club
and the City dated February 4, 1992 and as amended December 1,
1992. The Boys and Girls Club will pay all utility and
maintenance costs incurred by use of the Facilities by the
City.
5. Payment by City. City shall pay to the Boys and
Girls Club an amount equal to One Hundred and Thirty -Five
Thousand Five Hundred Dollars ($135,500) within fifteen (15)
days of the execution of this Agreement by all parties. In the
event that the Facilities are not completed with an issuance of
a certificate of occupancy by September 15, 1994, then the Boys
and Girls Club shall refund the entire One Hundred and
Thirty -Five Thousand Five Hundred Dollars ($135,500) within
fifteen (15) days.
6. Supervision. Whenever said Facilities are being
used exclusively by the Boys and Girls Club members such use
shall be supervised by personnel of the Boys and Girls Club.
Whenever said Facilities are being used exclusively by the
general public pursuant to a City program such use shall be
supervised by personnel of the City.
7. Assumption of Liability and Indemnification b_v
Citv. City agrees to protect, defend, indemnify and hold
harmless the Boys and Girls Club, its officers, agents and
employees from any and all claims, demands and liability
including attorneys fees, arising from negligent acts or
omissions of City or any of its officers, agents and employees
in the conduct of the events during those times when the City
shall have use of the Facilities.
8. Assumption of Liability and Indemnification by
the Boys and Girls Club. The Boys and Girls Club agrees to
protect, defend, indemnify and hold harmless City, its
officers, agents and employees from any and all claims and
demands, and liability including attorneys fees, arising from
any negligent act or omission of the Boys and Girls Club, its
officers, agents and employees relating to the Boys and Girls
Club's ownership, control and use of the Facilities.
9. Fees. Nothing herein shall prohibit City or the
Boys and Girls Club from charging fees for use of the
Facilities during such time as assigned to that party.
10. Term. This Agreement shall commence on March 15,
1993. City's right to use the Facilities shall continue for
ten (10) years from the issuance of a certificate of occupancy
with option to extend the term for an additional ten (10)
years. An annual report on status of completion and operation
will be presented to the City Council.
03/12/93
4778Q/2588/000 -2-
11. Notices. Any Notice to be given hereunder by any
of the parties hereto to the other shall be in writing and may
be deposited in the United States mail, postage prepaid,
certified mail, addressed 68 follows:
City of La Quinta
78-105 Calle Estado
La Quinta, California 92253
Boys and Girls Club of Coachella Valley
P.O. Box 188
Indio, California 92202
12. Assignment. This Agreement shall not be assigned
without the written consent of both parties.
13. Succession. This Agreement shall be binding upon
each party's successors in interest.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the date and year first above written, in La
Quinta, California.
A EST:
City Clerk 61
City of La Quinta
APPROVED AS TO FORM:
City Attorney
City of La Quinta
CITY OF LA QUINTA
/16 a -
By: LAC
Its: Mayor
BOYS AND GIRLS CLUB OF COACHELLA
VALLEY, a nonprofit corporation
By: 1Z. C. W4.
Its: E5IEN
03/12/93
4778Q/2588/000 -3-
T44t
414�
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78-105 CALLE ESTADO — LA QUINTA, CALIFORNIA 92253 - (619) 564-2246
FAX (619) 564-5617
March 15, 1993
Boys & Girls Club of Coachella Valley
P.O. Box 188
Indio, California 92202
Attn: Jim Ducatte
Dear Jim:
Enclosed are two copies of the "Shared Use Facilities Agreement"
between the Boys & Girls Club and the City of La Quinta. Please
have them signed and return to me and I will return a fully
executed copy to you.
If you have any questions relative to the agreement, please contact
our City Attorney, Dawn Honeywell at (714) 725-4142.
;SAUND
erely,
RA L. J LA, City Clerk
City of La Quinta, California
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253
.4
u�`trCv
78-105 CALLE ESTADO -- LA OUINTA, CALIFORNIA 92253 - (619) 564-2246
FAX (619) 564-6617
March 25, 1993
Boys & Girls Club of Coachella Valley
P.O. Box 188
Indio, California 92202
Attn: Jim Ducatte
Dear Jim:
Enclosed is a fully executed copy of the "Shared Use Facilities
Agreement" between the Boys & Girls Club and the City of La Quinta,
for your files.
IAUND
erely�RA L. OLA, City Clerk
City of La Quinta, California
MAILING ADDRESS • P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253